Unitary Executive

[IzzyPop]

A different thread got me thinking of this and I am interested on other peoples thoughts on this matter.

The idea unitary executive basically states that in pursuing national security, the President is the law. That he can suspend and/or ignore various legal niceties because the need for national security supercedes all else.

Nixon was a big proponent of this idea and many of the Bush White House were with Nixon as well, so this idea is popping back up. Signing statements, wire-taps, suspending habeus corpus, insane amounts of secrecy, the valuing of loyalty over competence, etc.

Anyone ever read It Can't Happen Here by Sinclair Lewis? It is a story about how the US turns from a republic to a fascist state, and many of the steps that took place in that book (written in the '40s) have been taking place over the pace 7 years.

We are by no means a fascist state. But we have started down that path and the whole concept of a unitary executive is the antithesis of our form of government.

 

[jayem]

It's a terrible idea. It violates the very framework for our government, which is separation of powers. And it won't happen (at least on a large scale) if Congress and the courts do their jobs. AFAIK, wire-tapping and other forms of internal surveillance still require a warrant. I know that under the War Powers Act, the President, by himself, can respond militarily to an emergency threat. But he has to report to Congress and obtain authorization for any action lasting more than 60 days. Even in a national emergency--and even if involving other branches of government makes his job more cumbersome and less efficient--the President cannot have unchecked power. The alternative is just worse.

 

[k]

What can you do when millions encourage this kind of behaviour? Offer free civics classes? Bush has said he can ignore any law he chooses-and people cheer.

 

[Voegelin]

The idea unitary executive basically states that in pursuing national security, the President is the law.
Nixon was a big proponent of this idea and many of the Bush White House were with Nixon as well, so this idea is popping back up.

It is? I wasn't aware of that. Didn't know Nixon embraced the idea either. Got any policy papers, speeches (not out of content quotes lifted from this or that venue) or other material from Nixon advocating this?

You say the idea is "popping back up" because "many" who worked with Nixon are in the Bush White House.

Name them and give us some links to speeches in which they say "the President is the law" (or should be).

Anyone ever read It Can't Happen Here by Sinclair Lewis? It is a story about how the US turns from a republic to a fascist state

Sinclair Lewis was a propagandist who worked with the Comintern's Willi Münzenberg. Hardly the person to lecture anyone on the possibility of a totalitarian take-over of America. He supported a regime which wanted to do exactly that (albeit under the banner of communism, not facism).

We are by no means a fascist state. But we have started down that path and the whole concept of a unitary executive is the antithesis of our form of government.

This is rhetoric right out of the 1930s. Back when Samuel Dickstein (D-NY) held hearings in Congress about a plot to stage an armed putsch against the New Deal. The New York Democrat alledged "fascists" had stock-piled weapons on Capitol Hill to depose FDR.

We learned in the 1990s from the release of US and Soviet classified documents that 11 term congressman Dickstein, while receiving his congressional salary, was also receiving $1,250 a month from the NKVD (this at a time when the average America had a good job if he made $100 a month). In other words, the allegations you make not only have a history but also, when made in the past, were motivated by politics, not reality.

Want to see a threat of so-called "unitary" government? Don't look to the Executive. Look to the Judiciary. That is the branch which has, over the last 80 years, usurped the powers of the other two branches of government.

Btw...I can give you a quote from one person working in the executive branch who suggested the President is the law:

"Stroke of the pen. Law of the land. Kinda cool."
--Clinton presidential aide Paul Begala, July 1998

 

[IzzyPop]

It is? I wasn't aware of that. Didn't know Nixon embraced the idea either. Got any policy papers, speeches (not out of content quotes lifted from this or that venue) or other material from Nixon advocating this?

You say the idea is "popping back up" because "many" who worked with Nixon are in the Bush White House.

Name them and give us some links to speeches in which they say "the President is the law" (or should be).



Sinclair Lewis was a propagandist who worked with the Comintern's Willi Münzenberg. Hardly the person to lecture anyone on the possibility of a totalitarian take-over of America. He supported a regime which wanted to do exactly that (albeit under the banner of communism, not facism).



This is rhetoric right out of the 1930s. Back when Samuel Dickstein (D-NY) held hearings in Congress about a plot to stage an armed putsch against the New Deal. The New York Democrat alledged "fascists" had stock-piled weapons on Capitol Hill to depose FDR.

We learned in the 1990s from the release of US and Soviet classified documents that 11 term congressman Dickstein, while receiving his congressional salary, was also receiving $1,250 a month from the NKVD (this at a time when the average America had a good job if he made $100 a month). In other words, the allegations you make not only have a history but also, when made in the past, were motivated by politics, not reality.

Want to see a threat of so-called "unitary" government? Don't look to the Executive. Look to the Judiciary. That is the branch which has, over the last 80 years, usurped the powers of the other two branches of government.

Btw...I can give you a quote from one person working in the executive branch who suggested the President is the law:

"Stroke of the pen. Law of the land. Kinda cool."
--Clinton presidential aide Paul Begala, July 1998

In striking contrast to his predecessors, President Bush issued at least 435 signing statements in his first term alone. And, in these statements and in his executive orders, Bush used the term "unitary executive" 95 times.

Emphasis mine.


Judge Alito's support of the theory

Cheny was an aide under Nixon

Feilding was in the Nixon White House. Please note that this article was written by a Nixon aide.

This is only 5 minutes of searching. And few of the links, even from righties, are complementary of this policy. There is much more if you would like to see for yourself.

 

[dlamberth]

What can you do when millions encourage this kind of behaviour? Offer free civics classes? Bush has said he can ignore any law he chooses-and people cheer.

Sadly, Bush does have a lot of enablers.

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